Z - Development Agreement H-2020-0022 (2020-174261) ADA COUNTY RECORDER Phil McGrane 2020-174261
BOISE IDAHO Pgs=72 BONNIE OBERBILLIG 12/17/2020 08:17 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Baron Black Cat LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this 15th day of December , 2020, by and between City of Meridian, a municipal
corporation of the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue,
Meridian, Idaho 83642 and Baron Black Cat LLC, a Colorado limited liability company, whose
address is 1401 171h Street,Ste.700,Denver,CO 80202,hereinafter called O"ER/DEVELOPER.
I. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of that certain
tract of land in the County of Ada, State of Idaho, described in Exhibit"A",
which is attached hereto and by this reference incorporated herein as if set
forth in full,herein after referred to as the Property; and
1.2 WHEREAS,Idaho Code§ 67-651 1A provides that cities may,by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for a rezone of
23.63 acres of land for the purpose of reducing the C-C zone from
approximately 8 acres to 4.23 acres and increasing the R-15 zone from
approximately 15.1 acres to 19.39 acres on the property listed in Exhibit"A",
attached hereto, under the Unified Development Code, which generally
describes how the Property will be developed and what improvements will be
made; and
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1.5 WHEREAS, Owner/Developer made representations at the public hearings j
before Planning and Zoning Commission and the Meridian City Council,as to
how the Property will be developed and what improvements will be made;and
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1.6 WHEREAS, the record of the proceedings for the rezone, short plat,
conditional use permit,and development agreement modification held before
Planning and Zoning Commission and the City Council,includes responses of 1
government subdivisions providing services within the City of Meridian a
planning jurisdiction, and includes further testimony and comment; and
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1.7 WHEREAS, on the 27th day of October, 2020, the Meridian City Council
approved certain Revised Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit"B"; and
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1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final l
plat; and
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1.9 WHEREAS,Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
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1.10 WHEREAS,City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions {
of this Agreement,herein being established as a result of evidence received by
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the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19,2019, Resolution No. 19-2179, and the UDC, Title 11. I
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1.11 WHEREAS, The Property described in Exhibit "A": shall no longer be j
subject to or governed by the terms of the prior Development Agreement and
Addenda (Inst. #'s: 106151218; 107025555; 107141993; 110059432; and
114054272).
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NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein,the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
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3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and
phrases herein contained in this section shall be defined and interpreted as herein provided for,unless
the clear context of the presentation of the same requires otherwise:
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3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue,Meridian,Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Baron Black Cat LLC,
whose address is 1401 17th Street, Ste. 700, Denver, CO 80202, hereinafter
called OWNER/DEVELOPER, the party that owns and is developing said
Property and shall include any subsequent owner(s)/developer(s) of the
Property.
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3.3 PROPERTY: means and refers to that certain parcel(s)of Property located
in the County of Ada,City of Meridian and described in Exhibit"A", attached
hereto and by this reference incorporated herein as if set forth at length,which
land is subject to this Development Agreement.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
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5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
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5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
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a. Future development of this site shall be generally consistent with the submitted plat,
site plan, landscape plan, open space exhibit, and conceptual building elevations for
included in Section VII and the provisions contained in the Staff Report attached to
the Findings of Fact and Conclusions of Law attached hereto as exhibit`B".
b. The 10-foot multi-use pathway along Chinden Boulevard shall be constructed with
Phase 1 of the development and should be placed at least four(4)feet from the edge of
the common lot abutting the common lot reserved for ITD. E
c. Direct lot access to W. Chinden Boulevard (SH 20/26) shall be prohibited.
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d. The existing accesses onto Chinden Boulevard and N.Black Cat Road shall be closed
upon development of the subject site. j
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e. Additional right-of-way shall be reserved for dedication to Idaho Transportation
District for the future widening of Chinden Boulevard,as shown on the plat as Lot 1,
Block 1.
f. The required landscape street buffers shall be constructed and vegetated along the
entire perimeter(along N.Black Cat and Chinden Boulevard)with the first phase of
development.
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g. The Applicant shall vegetate the common lot (Lot 1, Block 1), reserved for future
dedication to Idaho Transportation Department(ITD),with grass and not gravel until
such time that this lot is dedicated to ITD.
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It. The proposed commercial building located near the intersection of N.Black Cat Road
and W. Chinden Boulevard(SH 20/26)shall be constructed as a two-stoty structure as
generally depicted in the submitted concept renderings(see exhibit V1I.1)and as noted
on the revised CUP Site Plan.
i. The Vertically Integrated Residential Project area of the site shall adhere to the
specific use standards as outlined in UDC 11-4-3-41.
j. The required land use buffer between the C-C zoning district and the R-15 zoning
district is hereby waived as approved by City Council;the minimum distance between
buildings and across zoning districts is ten(10)feet per the multi-family specific use
standards (UDC 11-4-3-27).
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6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
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7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
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7.1 Acts of Default. Either patty's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default under
this Agreement.
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7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty(180)days;provided,however,that
in the case of any such default that cannot with diligence be cured within such
one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2,Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
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portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether
a default has occurred. This Agreement shall be enforceable in the Fourth
Judicial District Court in Ada County by either City or Owner/Developer,or
by any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants,agreements,conditions,and
obligations contained herein.
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7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes,the time for such performance shall be extended by the amount
of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default and j
defaults waived and shall neither bar any other rights or remedies of City nor
apply to any subsequent default of any such or other covenants and conditions.
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8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer,prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City
shall execute and record an appropriate instrument of release of this Agreement.
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10. ZONING: City shall,following recordation of the duly approved Agreement,enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
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12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
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in any phase in which the improvements have not been installed,completed,and accepted by the City,
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or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
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14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall 3
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as 3`
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E.Broadway Avenue
Meridian,Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Baron Black Cat LLC
1401 17th Street, Ste. 700
Denver, CO 80202
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14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may j
be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall j
survive any default,termination or forfeiture of this Agreement. 1
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16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term,condition and provision hereof,and that i
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
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17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
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to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be binding
on Owner/Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions
thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor j
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had
determined that Owner/Developer has fully performed their obligations under this Agreement.
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18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement j
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party
shall act reasonably in giving any consent,approval,or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements,condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City. 1
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21.1 No condition governing the uses and/or conditions governing re-zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City }
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Baron Black Cat LLC
By: wlaHhP,vJ I ��
Its: N1��er
CITY OF MERIDIAN ATTEST:
By:
Mayor Robert E. Simison Chris Johnson, City Clerk
STATE OF Co tOra O >
: ss:
County of D 61 V LK ).
On this 1 O day of De.ce M 6 e-✓ ,2020,before me,the undersigned,a Notary Public in and for said State,
personally appeared_M aA c vv 0-le S. known or identified to me to be the of Baron Black
Cat LLC,and the person who signed ab and acknowledged to me that he executed the same n behalf of said limited
liability company.
IN WITNESS WHEREOF,I have hereunto set my hand and axed my official seal the day and year in this
certificate first above written.
(SEAL) MELISSA JOY
NOTARY PUBLIC
STATE OF COLORADO Notary Publ' f r
IN ID 20194031189 Residing at:_ 5 T✓k 5 St. La f� a'�CO $Oa 3'�—
MY COM11MfSSION EXPIRES AUGUST 15,202
My Commission Expires: LPL usf /5,,:)-
STATE OF IDAHO )
ss
County of Ada }
On this 15th day of December ,2020,before me, a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City ofMeridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
Residing at: Meridian, Idaho
Commission expires: 3-28-2022
ttem#5. EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN:-�
AND DECISION & ORDER
In the Matter of the Request for Rezone,Short Plat,Development Agreement Modification,and
Conditional Use Permit applications,by Baron Black Cat, LLC.
Case do(s). H-2020-0022
For the City Con neil Hearing hate of: October 13, 2021) (Findings on October 27, 2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 13,2020,incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 13,2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of October 13,
2020,incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 11.2020,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503).
2, The Meridian City Council lakes judicial notice of its Unified Development Code codified as
Title I l Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not irnpose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 13,2020, incorporated by reference.The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) - I " Page 138
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reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that;
1. The applicant's request for Rezone, Short Plat, Development Agreement Modification,and
Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report
for the hearing date of October 13,2020,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat,or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two(2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two(2)years as determined and approved by the City Council may be granted. With all
extensions,the Director or City Council may require the preliminary plat,combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 11-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as
determined and approved by the City Council may be granted. With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -2-
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City Code Title I I(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-651IA. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved,said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight(28)days after the date of this decision and order
seek a judicial review as provided by Chapter 52,Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of October 13,2020
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -3- Page 140
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By action of the City Council at its regular meeting held on the 27th day of October ,
2020.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison
Attest:
Chris Johnson
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: _10-27-2020
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(MODERN CRAFTSMAN—FILE#H-2020-0075) -4- Page 164
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Exhibit A
STAFF REPORT E II]IA T�-
COMMUNITY DEVELOPMENT DEPARTMENT
HEARrNC 10/13/2020 Legend
DATE: '
® Project location
TO: Mayor&City Council
FROM: Joe Dodson,Associate Planner
------ ------ 17
SUBJECT: H-2020-0022
Modern Craftsman at Black Cat
LOCATION: The site is Iocated in the northeast corner
of N. Black Cat Rd. and W. Chinden
Blvd. (SH 2O126),in the SW '/4 of the
SW '/a of Section 22,Township 4N.,
Range 1 W. _
1. PROJECT DESCRIPTION
* Rezone a total of 23.63 acres of land for the purpose of reducing the C-C zone from
approximately 8 acres to 2-.26 423acres and increase the R-15 zone from approximately
15.1 acres to 21.37 19.39- acres;
■ Short Plat consisting of 2 building lots and 2 common lots on 21.59 acres of land in the
C-C and R-15 zoning districts;
■ Conditional Use Permit for a multi-family development consisting of 196 residential
units on 20.13 acres in the R-15 zone;
• Modification to the existing development agreements(Inst. Ws: 106151218; 107025555;
110059432; and 114054272) for the purpose of removing the subject property from the
boundaries and terms of previous agreements and enter into a new one, consistent with
the proposed development plan,by Baron Black Cat, LLC
Note. The Applicant is also applying forprivate streets and administrative design review. There
applications are reviewed and approved by the Director; Commission action is not required
Analysis of the building and private street design are provided below in section V
1I. SUMMARY OF REPORT
A, Project Summary
Description Details Page
Acreage 23.63(R-15—21.37 acres,C-C—2.26 acres)
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Description Details I'.Ig,e
Future Land Use Designation Mixed Use Community
Existing Land Use(s) Commercial(tree farm)
Proposed Land Use(s) Multi-Family Residential and Commercial
Lots(#and type.bldg./common) 4 total lots— t multi-family residential; 1 commercial; 1
common lots;and 1 other lot.
Phasing Plan(#of phases) Proposed as one phase
Number of Residential Units(type 196 single-family,for rent units(single-family style on a
of units) single lot).
Density(gross&net) Gross— 8.7 dt/ac.;Net— 10.54 dulac.
Open Space(acres,total 3.78 acres of qualified open space overall(approximately
[%I/bufferlqualified) 17.5%)—2,36 acres for l I-3G requirements
(approximately 10.91/6);62,061 square feet proposed for
H-4-3-27(Multi-Family)standards.
1.89 acres of private open space is proposed(82.170
square feet;approximately 419 square feet per unit).
Amenities 5 qualifying amenities— 10" multi-use pathway;pool;
clubhouse;picnic area;and tot-lot(a dog park is also
proposed but does not meet UDC requirements to be a
qualifying site amenity).
Physical Features(waterways, NIA
hazards,flood plain,hillside)
Neighborhood meeting date;#of January 13.2020—7 attendees;
attendees: June 30, 2020—4 attendees
History(previous approvals) AZ-06-004; M 1-06-0 10/011; M1-07-004; MDA-10-004;
MDA-14-006:0A 9's 106151219, 107025555;
107141993, 110059432,8 2014-065517)
B. Com:iutnity Mctries
Description Details Page
Ada County_kLighway District
■ Staff report(yes,/no) No
+ Requires ACHD Commission No
Action(yes/no)
Access(ArteriaUCollectorslState Access is proposed via private streets off of Black Cat Rd.
HwylLocal)(Existing and Proposed) and Tree Crest WwDrive.There are two access points
proposed off ofN. Black Cat and one off of W.Tree Crest
W"Dn
Traffic Level of Service:
Stub StreetilnterconnectivitylCross Applicant is proposing private streets throughout the
Access development;a stub street connection is proposed to the
eastern property in the northeast corner of the property
(Rock Harbor Church site)and will connect with one of the
driveway connections on that site. No other vehicle
connections are proposed as the subject site is surrounded
by streets on 3 of the 4 property boundaries.
Existing Road Network No
Existing Arterial Sidewalks 1 Chinden Blvd(SH 2O126)abuts the southern property
Buffers boundary and is currently a two-lane roadway with no
improvements along its shoulder.There are no existing
sidewalks along the state highway;the Applicant is
proposing a 10-foot multi-use pathway within a common
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Item#5.
Description Details Page
lot landscape buffer that will lay outside of the future ITD
right-of-way for SH 20/26.
Proposed Road Improvements
Distance to nearest City Park(+ 0.8 miles to Keith Bird Legacy Park(7.5 acres in size)
size)
Fire Service
■ Distance to Fire Station 2.2 miles from Fire Station#5
■ Fire Response Time This project lies within the Meridian Fire response time
goal of 5 minutes,
Resource Reliability Fire Station#5 reliability is 80%.
■ Risk Identification Risk Factor 2—residential with hazards(multi-family)
■ Accessibility Proposed project meets all required access,road widths,
and turnarounds;.Fire has signed off on Private Street
layout.
Police Service
■ Distance to Station 8.5 miles from Meridian Police Department
■ Response Time Approximately 5 '1 minute response time to an emergency.
■ Call Data Between 21112019- 1/31/2020,the Meridian Police Section VII.
Department responded to 258 calls for service within a
mile of the proposed development.The crime count on the
tails for service was 14. See attached documents for
detai Is.
Between 21112019- 1/31/2020,the Meridian Police
Department responded to 5 crashes within a mile of the
proposed development. See attached documents for
detai Is.
■ Additional Concerns None
West Ada School District
■ Distance(elem, ms,hs) Star Elementary—2.7 miles; Star Middle—5.0 miles;
Meridian High School—5.3 miles.
■ Capacity of Schools Star Elementary—420 students
Star Middle— tOOO students
Meridian High School—2400 students
■ #of Students Enrolled Star Elementary—522 students
Star Middle—704 students
Meridian High School— 1995 students
Water—Service will not be by the City of Meridian,as it falls within SUEZ North America service area.
Wastewater
■ Distance to Sewer Services Directly adjacent
■ Sewer Shed North Black Cat Trunkshed
■ Estimated Project Sewer See application
ERU's
■ WRRF Declining Balance 13.9
• Project Consistent with WW YES
Master Plan/Facility Plan
■ Impacts/Concerns Design and number of units clustered together is of
particular concern—staff is unclear as to haw a]I units will
be serviced.A utility layout depicting how all of the units
will be serviced while still meeting design requirements
will be required.
Page 3
Page t44
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Item#5.
111. APPLICANT INFORMATION
A. Applicant:
Baron Black Cat LLC— 1401 17`i' Street, Ste. 700, Denver, CO 80202
B. Owner:
Same as Applicant
C. Representative.
Kent grown Planning—3161 E. Springwood Drive, Meridian, ID 83642
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/1/2020 9/25/2020
Radius notification mailed to
properties within 300 feet 4/28/2020 9/23/2020
Site Posting 6/26/2020 9/29/2020
Nextdoor posting 4/28/2020 9/23/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation[https:llivo,tiv.meridiaitci(y.cttglcom, )lrm y
Mixed Use Community—The purpose of this designation is to allocate areas where community-
serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to
integrate a variety of uses,including residential,and to avoid mainly single-use and strip
commercial type buildings. Non-residential buildings in these areas have a tendency to be larger
than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional (MU-
R) areas.Goods and services in these areas tend to be of the variety that people will mainly travel
by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those
living in and around the neighborhood are encouraged.
The subject site is surrounded btu existing Citv of Meridian Zoning and development that is both
existing and planned(the adjacent parcels are entitled but some have not yet begun
construction). The proposed land use of multi family residential and commercial are consistent
with the laud use types noted in the Future Land Use Map(FL UM) designation definitions and
preferred uses. The proposed product ttpe is by diqfinition multi jandlt,(more than 2 units on a
single building lot}but the Applicant has designed the units so to emulate single jandit.attached
and detached structures that share mews and pedestrian pathways rather that;public streets. The
proposed emit types also provide more private open spade than traditional multi-family
development,furthering its feel of single famili,residential. In addition, certain densities are
required to be metfor residential projects within the MU-Cfrture land use designation. The
proposed project as shown is appro.rimately 8 dulac, meeting the 6-15 dulac requirement(see
community metrics above). Therefore, 5tajjftnds the density proposed with the short plat and
rezone is consistent with the Future Land Use Map designations gfMixed Use Community(MU
C).
Mixed-arse designations also Require at least three(3) types oj'land uses. The proposed project
offers an area of commercial zoning that should accommodate multiple future uses. The
commercial lot is proposed with tu,o building sites that hate nniltiple suites so there is potential
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Item#5.
that distinct land uses will be available on-site. When analtizingprojects within the MU-C,future
land use designation, the approved andlor developed land uses nearby must be taken into
account. Therefore, Staff has taken into account adjacent land uses that can he traveled between
with relative ease, Directly to the east of this site is the.fttture Rock Harbor Church site, a
different use than proposed with this project. Within a halfmile to the ivest and of'of Chi►rden
Blvd, a mixed use project(Central Valley PlazalPollard Subdivision) is approved and will offer
multiple additional uses and emplovment opportunities that these future residences could use.
Within a half'mile to the east, the new Costco building has been approved and is in the process of
receiving building permit approval. Directly across N. Black Cat, more commercial development
is proposed within the Fairbourne Subdivision.
Staff initially had concerns with the overall site design but the Applicant has worked diligently to
take Staff's comments into account, speciflically in relation to this mired-use policy: "Mixed use
areas should be centered around spaces that are well-designed pztblic and quasi-public centers
of'activity. Spaces should be activated and incorporate permanent design elements and amenities
that foster-a wide vuriety of interests ranging from leisure to play. 7 hese areas should be
thoughtfWly integrated into the development andfurther place-making opportunities considered. "
The Applicant added additional commercial area to the project and moved the open space to a
more central location to help integrate the commercial with the proposed residential. Staff
particularly finds the plaza area between the clubhouse and one of the commercial buildings as a
great example of'integraling the uses as the commercial building fronts an the plaza and would
offer great pedestrian connectivity for residents in this project. Staff►nav prefer additional
commercial on the subject site more in line with the existing zoning areas, but Staff also
understands that nearby uses help mitigate the loss of commercial zoning on this specific parcel.
Sta f finds that the proposed lavout generally meets the MU C fitture land use designation
policies and goals.
The Applicant is also requesting to modify the recorded development agreements(Inst. Ws:
106151218; 107025555; 107141993; 110059432-, and 2014-065517) for the purpose of removing
the subject property from the boundary of the previous agreements and enter into a new
development agreement(DA)consistent with the proposed development plan. Staffs
recommended DA provisions are included in Section VIILAI. The new DA is required to be
signed by the property owners)/developer and returned to the City within 6 months of the
Council granting approval of the MDA by City Council and subsequent recordation.
The existing development agreement and subsequent addendums relate to a much larger area
than this specific cornet-on Black Cat Road and Chinden Blvd. (Highi'vq),20126j. One of the
addendunrs (from 2007)does directly address the existing tree farm and allows it to continue its
use as a tree faun until such time that the property is redeveloped. Because this new development
is one of the last portions of the larger area governed by the original DA to redevelop, the
Applicant wishes to remove this project site from that DA and its subsequent addendums and
enter into its own DA consistent with the proposed development plan. Staf finds anew DA will
allow the subject site to develop in a more cohesive and clean pattern while also eliminating the
need to amend the existing DA any further.
B_ Comprehensive Plan Policies (https:Iluwxr.meridiarrcihz.ar-gleompplan}:
The applicable Comprehensive Plan policies are cited below with Staff analysis in italics.
"Avoid the concentration of any one housing type or lot size in any geographical area; provide for
diverse housing types throughout the City"(2,01,01G).Modern Crufsman at Black Cat is
of a new type of development within the Cily of Meridian b�,proposing single-fancily
attached and detached homes within a multi family setting, To both the north and to the west
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Item#5.
(across N. Black Cat Road) traditional detached single-fancily homes exist and are proposed. The
Applicant tropes to acid an additional housing tope in this area that will delineate a new housing
use in the City and add to the housing diversity available.
"Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities, and other best site design practices"(3.07.01A). The
proposed site design incorporates mews,private streets, common open space, and d&,rent
housing designs within the same parcel. Much of the surrounding development, especially the
closest.subdivisions, is of lower density, detached single-family development. Because of this, a
lot of the public testinioni,received has requested that this subject site emulate these subdivisions.
The subject site does not share the same fitture land use designation as the adjacent subdivisions
and therefore cannot be developed in the same way. Despite being a mi_sed use designation, the
Applicant has chosen to propose a development that is►node tip oj'mostly single-story structures.
The Applicant did this in order to be more compatible with surrounding residential development.
In regards to site design, the Applicant is proposing two-story townhomes along the eastern and
western boundaries; these townhomes will abut a parking lot far the adjacent Rock Harbor
Church on the east side of development and abut Black Cat along the western boundary and
landscape buffer.Also along the eastern boundary is a.smaller landscape buffer(approx. 10-feet
wide) that is approximately 520 feet in length and proposed with 5 trees and a vinnvl fence. The
Applicant has also proposed a ftm,of their larger detached structures (3-bedroom units)next to
the proposed townhomes along Black Cat to help with buff ring along the bus-v collector. Interior
of these townhomes is the nnain component of'this project, attached and detached single-story
homes mostly laid out in a detached four ple.x configuration. Sidewalks run throughout the
development and these attached and detached units making,far great pedestrian connectivity
throughout the site. In addition, the Applicant has proposed tivo sidewalk connections out to the
proposed►nulti-itse pathway extension along Chinden to help with interconnectivity between
parcels. Further pedestrian and open space analysis is in other sections of the staff'report belovv
The Applicant is not proposing any vehicular accesses onto Chinden Blvd. which is a welcomed
proposition for•ITD and Staff.Reducing access points to arterial.streets and state highways is a
major goal within the Citv's Comprehensive Plan and helps,funnel traffic in appropriate
manners. Stqtf'believes placing townhomes along Black Cat ofje►s an appropriate butler between
the busy collector roadway and the single-stoty structures that make up a majori4,of the
development. Itr addition, the subject site is bordered on three sides by public roads that have or
will have landscape bq fers. These landscape bu fers and the public roads should offer a needed
buffer.
"Establish and maintain levels of service for public facilities and services, including water, sewer,
police,transportation, schools, fire, and parks"(3.02.01G),All public utilities are available for
this project site due to the eristing.subdivision to the north,per Public !''Yorks comments. This
project also lies within the Fire Department response time goal. Chinden Boulevard is currently
being widened in multiple places along its corridor and will connect to the planned expansion of
Highwa-Y 16. It is the intent of these road improvements to help with current and,/inure
congestion along Chinden Boulevard. To help mitigate this, the applicant is not requesting arty
accesses onto Chinden but instead is proposing two access points to Black Cat and one access to
W Tree Crest Drive, essentially the northern border of the propero'.
West Ada School District has offered comments on this project and estimate an additional 156
school age children could reside in this communnhy. Of the closest neighborhood schools, Star
Elementary is the only school shown cis currently over enrolled. West Ada also notes that,future
students in this area could attend the at?vhee High School and Pleasant View E'le►nentary
School-Pleasant View is scheduled to open in Fall 2020. Sta f ienderstanrds that school
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Item#5.
enrollment is a major issue to be dealt with but at least in the northwest Meridian area, some
relief'appears•to be on the horizon with new schools opening up soon.
Staff finds that the existing and planned development of the immediate area create conditions for
adequate levels ofservice to,for this proposed project.
"Preserve,protect, and provide open space for recreation, conservation,and aesthetics"
(4.05.01 F). The proposed project offers open space that meets and exceeds the minimum
requirements in the zrnoied development code (UDQ. The Applicant has increased the amount of
open space over the course of discussions Kith Staff which improves the overall project. There
are three main areas of open space in this development but.smaller, qualifi-ing open space also
exists throughout the project. 77tese three main areas hold the proposed dog park, clubhouse and
pool, tot-lot, a plaza shared between some commercial and the open space lot, and a central vista
that connects both ends of the development with green space. This central vista is also anchored
at each end with amenities making the open space flow and feel as part of the development. See
f rrther analysis in Section Y.E and Y,L.
"Explore development and implementation of architectural and/or landscape standards for
geographic areas of the City."(5.01.02F). The proposed project site is not within a specific area
plan far the City but because it is a multi;fannily product, it is subject to design review. The
Applicant has submitted a concurrent administrative design review application that accompanies
Staff`:s review of the conceptual elevations. The architecture proposed throughout the residential
portion of tlae project offers modern design elements that include shed roof'combinations that are
combined with stucco and stone sidings,finished wood as a siding and accent material, and metal
as an accent material. Staff not only finds the submitted elevations to be in compliance with the
Architectural Standards Manual but also finds this type of architecture as unique and a welcome
addition to the neighborhood.
"Establish distinct,engaging identities within commercial and mixed use centers through design
standards."(2.49.03A).As discussed above, the proposed product type and architecture would
make Modern Craftsman at Black Cat a distinct area within the City, 77re Applicant has worked
with Staff to of jeer a site design that provides same integration between the commercial and
residential product types, In addition, there is a similar-look and feel in the development created
largely by the inclusion oj'the central vista and large amounts of private open space for tnulti-
,fiunily development. its noted above, Staff may desire more commercial on this parcel to offer
more opportunity to be integrated, but Staff cannot and should not analpze this project without
looking at the development around the subject site, without looking from a macro vieav of the
surrounding area. When taking all of the surrounding area into consideration. Sta("finds that the
proposed development meets a majority,of the mixed-use policies and objectives.
Staff fends this development to be generally consistent and in alignment with the
Comprehensive Plan and a majority,of the mixed use policies.
C. Existing Structures/Site Improvements:
The site currently houses a tree farm that has a number of small mobile home type structures.All
existing structures will be removed upon development of this site. In fact,under the terms of the
existing DA, this use was to cease long before now.
D. Proposed Use Analysis:
The proposed use is multi-family residential and commercial;the commercial area is relatively
small when compared to the residential,approximately 2 acres compared to 21 acres,
respectively. Multi-family residential is a conditional use in R-15 coning district per UDC Table
11-2A-2.The commercial area is already zoned and there are currently no tenants in place for the
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Item#5.
proposed commercial building suites. Because no tenants are currently known of, Staff cannot
review those uses for compliance in the C-C zoning district. Commercial buildings require
Certificate of Zoning Compliance(CZC)and Design Review so at that time Staff will evaluate
the uses for compliance.
The multi-family development is proposed to be constructed in one phase and incorporate both
detached and attached structures;of the 196 multi-family units,42 units are townhomes proposed
along the eastern and western boundaries of the site. As discussed previously, the multi-family
buildings are subject to design review and the Applicant has applied for this concurrently with the
conditional use permit application. The Applicant did not provide elevations for the future
commercial buildings, upon submittal of the required CZC, the Applicant will be required to
submit concun-ent design review for the commercial buildings. Tile Applicant has provided
conceptual elevations of the Clubhouse and it shares in similar architecture with the proposed
residential units as required by the specific use standards.
The proposed use is not a traditional tape of single-famili?or multi family development. it is a
h)-hrid of the two. The Applicant could have chosen to plat each one of these buildings
individually; the Applicant could also have proposed traditional 4-story garden style apartments.
Both potentials have their positives and negatives and the Applicant is proposing a different
product type to the 0 1,of Meridian. The proposed units are a majorit},of.single-stnrlf one, two,
and three-bedroom detached units without garages. The Applicant is proposing more traditional
apartment style parking but some units do have attached one-car garages.All of the townhome
units also have attached garages on their .first floor.
Largely, the proposed buildings in this development look like detached singlefumily homes but
have on-street parking and less primate open space than a standard 4,000 or 8,000 square foot
lot. However, the Applicant is proposing vastly more private open space than is required by UDC
far multi-family development. UDC requires at least 80 square feet per aunt and the Applicant is
proposing an average of'400 sq:rare feet per unit via small private wards for every single unit.
The design of this can be best seen on the open.space exhibit(see Exhibit VII.C)and the.fencing
plan shown on the last page of the landscape plans (see Exhibit VI1.D).
To be clear, the main proposed use is single f 7mily detached structures with on-street parking
Mat all reside on one single building lot. making it a multi family development by definition.
There are also traditional style townhome units but are also on the same building lot, making the
whole residential product type tnulti-family.
E. Specific Use Standards (UDC 11-4-3):
The proposed multi-family development use is subject to conditional use permit approval by the
Planning and Zoning Commission and subject to specific use standards outlined in UDC 1 1-4-3-
27 and below:
11-4-3-27—Multi-Family Development:
A. Purpose:
1. To create multi-family housing that is safe and convenient and that enhances the quality
of life of its residents.
2. To create quality buildings and designs for multi-family development that enhance the
visual character of the community.
3. To create building and site design in multi-family development that is sensitive to and
well integrated with the surrounding neighborhood.
- Page 9 -
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Item#5.
4. To create open space areas that contribute to the aesthetics of the community, provide an
attractive setting for buildings. and provide safe,interesting outdoor spaces for residents.
B. Site Design:
1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is
otherwise required by this title and/or title 10 of this Code. Building setbacks shall take
into account windows, entrances,porches and patios, and how they impart adjacent
properties. Proposed project complies with this requirement.
2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and
transformer and utility vaults shall be located in an area not visible from a public street,
or shall be fully screened from view from a public street. The site plan depicts screened
trash enclosures;all proposed transforrner/utility vaults shall also comply with this
requirement.
3. A minimum of eighty(80)square feet of private,usable open space shall be provided for
each unit.This requirement can be satisfied through porches,patios, decks, and/or
enclosed yards. Landscaping, entryway and other accessways shall not count toward this
requirement. In circumstances where strict adherence to such standard would create
inconsistency with the purpose statements of this section, the Director may consider an
alternative design proposal through the alternative compliance provisions as set forth in
section 11-5B-5 of this title. The private, usable open space provided far each unit varies
with each unit type hart each one provides more than the required arnount. According to
the Applicant, the minimum private open space provided is 288 square feet, the nurvinium
far any one unit would be approximately 869 square.feet. and the average is
approximately,419 square feet, Again, this proposed design offers private opera space that
is more akin to single-fa►rtily developments but is still a multi-family product and the type
of housing that Baron Black Cat is aiming to provide.
4. For the purposes of this section, vehicular circulation areas, parking areas,and private
usable open space shall not be considered common open space. These areas were not
included in the common open,space calculations for the site.
5. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall
be stored on the site unless provided for in a separate,designated and screened area.
,Applicant shall camphv with this requirement.
6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to
All Districts", of this title.See analysis in stajfreport below.
7. Developments with twenty(20) units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location(including provisions for parcel snail)that provide safe
pedestrian and/or vehicular access.
d. A directory and map of the development at an entrance or convenient Iocation for those
entering the development. (Ord. 18-1773,4-24-2018)
Per the suhrnitted plans, the Applicant appears to meet these requir-ernentr.
The site plain submitted with the Certificate of Zoiting Comp Hai rce application shall depict
these items.
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Item#5.
C. Common Open Space Design Requirements:
1. A miniminn area of outdoor Common open space shall be provided as follows:
a. One hundred fifty(15 0) square feet for each unit containing five hundred(500)
or less square feet of living area.
b. Two hundred fifty(250)square feet for each unit containing more than five
hundred(500)square feet and up to one thousand two hundred(1.200)square
feet of living area.
c. Three hundred fifty(350)square feet for each unit containing more than one
thousand two hundred(1,200)square feet of living area.
Note: Open space standards fouled in UDC 11-3G AND those found in these specific use
standards shall applv to this project Please see the applicability section of both code sections.
Staff analysis for both open space requirements is in Section V L of this staf,�'repor t instead trf
splitting the analysis into two parts.
2. Common open space shall be not less than four hundred(400) square feet in area,and shall
have a minimum length and width dimension of twenty feet(20'). Proposed open space
subtnitled as meeting this requirement has been reviewed. All area labeled as qualified
conanon open space on the open space exhibit complies with this requirement.
3. In phased developments,common open space shall be provided in each phase of the
development consistent with the requirements for the size:and number of dwelling units.
This project is proposed to be developed in one(1)phase.
4. Unless otherwise approved through the conditional use process, common open space areas
shall not be adjacent to collector or arterial streets unless separated from the street by a
berm or constructed barrier at least four feet(4')in height,with breaks in the berm or
barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff. retroactive to 2-4-
2009). The hu ffer along N. Block Cat Road a collector street, does not count toward the
common open space requirements for these speedis use standart& However, those areas
along the arterial and collector road►n)a),s do count towards the minimum 10%required
open space for the residential development as a whole.
D. Site Development Amenities:
1. All multi-family developments shall provide for quality of life,open space and recreation
amenities to meet the particular needs of the residents as follows:
a. Quality of life:
(1) Clubhouse.
(2) Fitness facilities.
(3) Enclosed bike storage.
(4) Public art such as a statue-
b. Open space.
(1) Open grassy area of at least fifty by one hundred feet(50 x 100') in size.
(2)Community garden.
(3) Ponds or water features.
(4) Plaza.
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Item#5.
c. Recreation:
(1) Pool.
(2) Walking trails.
(3) Children's play structures.
(4)Sports courts.
2. The number of amenities shall depend on the size of multi-family development as follows:
a. For multi-family developments with less than twenty(20) units,two(2)amenities shall
be provided from two(2)separate categories.
b. For multi-family development between twenty(20)and seventy five(75)units,three
(3)amenities shall be provided, with one from each category.
c. For multi-family development with seventy five (75)units or more, four(4) amenities
shall be provided, with at least one from each category.
d. For multi-family developments with more than one hundred(100) units,the decision
making body shall require additional amenities commensurate to the size of the
proposed development_
I.The decision making body shall.be authorized to consider other improvements in addition to
those provided under this subsection D,provided that these improvements provide a similar
level of amenity. (Ord.05-1174, 8-30-2005,eff. 9-15-2005)
Based on 195 proposed units,a minintunt of four(4) amenities are required,however,the
decision making body is authorized to consider other amenities in addition to those provided
per the standards listed above in 2.d
The following amenities are proposed front the qualify of life, open space and recreation
categories:a clubhouse with offices for rent by the residents,a tot-lot, a swimming pool,picnic
shelter with a BBQ area,aplaZa,community garden,and a small fenced dog park area.
Therefore,the Applicant is proposing 6 qualifying site amenities. The proposed dog park does
not meet the UDC requirements to qualify as a site amenity due to it not being large enough
and not showing the required trash receptacles or dog washing station. Even though it is not a
qualifying ameni(y,Staff presutns it will be used often.Staff recommends that at least trash
receptacles be added to the dog park area to ensure a clean and odorless experience is
incurred. In addition to these amenities, the Applicant is proposing 102 self storage lockers
(each locker is 12 square feet) spread throughout each of the garage buildings so that residents
may store small amounts of personal items onsite and near their units. This is also not a
qualif jring site antenit),but Stqfffinds that these will likely he heavily used even though not all
residents will be allowed to participate in it due to the difference in unit count and available
lockers.
E. Landscaping Requirements:
1. Development shall meet the minimum landscaping requirements in accord with
chapter 3, "Regulations Applying to All Districts", of this title.
2. All street facing elevations shall have landscaping along their foundation. The
foundation landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three Feet(Y)wide.
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Item#5.
b. For every three(3)1inear feet of foundation, an evergreen shrub having a mini III un;
mature height of twenty four inches (24")shall be planted.
c.Ground cover plants shall be planted in the remainder of the landscaped area.
The landscape plan provided appears to meet these specific use standard landscape
requirements. (see Exhibit PILD)
F. Dimensional Standards{UDC I1-2):
The commercial and multi-family residential lots appear to meet all UDC dimensional standards
per the submitted plat. In addition,all private streets appear to meet all UDC dimensional
standards per the submitted plans.
In addition,all subdivision developments are also required to comply with Subdivision Design
and Improvement Standards(UDC 11-6C-3). The proposed short plat and suburitled plums
appear to ineet the UDC requirements of this section.
G. Access(UDC I1-3A-3, I1-3H-4):
Access is proposed via private streets off of N. Black Cat Rd. and W. Tree Crest Drive. The two
proposed access points to Black Cat Road have been approved by ACHD but typically access to
Black Cat is limited by the City. The Applicant may request from City Council to keep the two
access points as proposed, in accord with UDC 11-3A-3. The Applicant is also proposing an
access in the northeast corner of the property via a shared driveway with the Rock Harbor Church
site. Private streets are proposed throughout the development,with two running east-west(W,
Waverton Ln. and W. Caragana Ln.)and two running north-south(N. Spurwing Ln and N.
Agrarian Ln.).Access via Chinden Blvd. is prohibited and is not proposed. Due to the nature of
the proposed use, Staff believes private streets are appropriate in this development.
Private streets are required to comply with the design and construction standards listed in UDC
11-3F-4 The proposed private streets are 25 feet wide with S foot or 7 fuot attached sidewalks
on both sides. Both open and covered parking is provided along most of the private streets.
Further parking analysis is discussed in the nest section,Section i:H. In addition,primate
streets are required to be on their own common lot or within an easement per UDC 11-3F-3E.3
standards. The submitted plat does not appear to show this requirement,Staff is
recommending a condition of approval to revise the plat to show compliance with this
requirement prior to the City Council hearing
H. Parking(UDC 11-3C]:
Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I-
3C-6 for multi-family dwellings based on the number of bedrooms per unit. Tile submitted and
revised plan named "Conditional Use Plan"appears to have the most rap to date parking counts
acid.show 497 spaces,for the entire development. 436 are proposed for the residents, 28 are
reserved,far the clubhouse, and the remaining 33 are for the proposed commercial. Qf the 436 for
the residential units, 179 spaces are uncovered, 134 are covered ca►port spaces, and the
remaining 123 are garage spaces. Across the di f Brent unit types there are 69 1-bedroom units,
100 2-bedrool►t traits, and 32 3-bedroom units. The 1-bedroom units require 1.5.spaces per units,
with at least one of the spaces being covered; the tivo and three bedroom units require 2 spaces
per unit, also with at least one covered per unit. Therefore, the minimum amount of parki►ag
required.1br the multi family portion oflhis developme►at is 360 spaces, with 196 af'those
required to be covered Therefore, the proposed parking count exceeds the rninimuni UDC
requirements.
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Item#5.
The commercial areas proposed in the southwest corner of the site is shown as l Z 789 square feet
that would be spread across ttii,o building pads—the smaller pad, appro_rimatelt,2,000 square
.feet, shares a plaza with the tot-lot and open space area near the west-central portion of the site.
For commercial uses, the parking requirement is one space for every 500 square feet and the
proposed commercial area requires a minimum of 26 spaces. Tile Applicant has proposed 33
spacer for the commercial area, exceeding the mininium amount required bu the UDC. A portion
of the proposed parking dir•ectlt,abuts the street and those utilising the com►ner•c•ial parking
would have to back into or drive directli,onto the private street in order to exit those spaces. This
is not prohibited by code but is far fi onr ideal. Staff believes this type o�('parking set up nrai)cause
additional accidents and therefore recommends a redesign ofthe parkingfar•the proposed
commercial area. This redesign should rnininrrrllr include a 5 foot wide landscape island along
the edge of this proposed parking area to eliminate this conflict. The Applicant shall still provide
the required number of parking stalls based upon the gross floor area of the proposed
commercial area.
A parking plan can be seen in Exhibit V11.E.
1. Pathways(UDC 1173A-8):
A I0-foot wide multi-use pathway is proposed along the entire W. Chinden Blvd, street frontage
and is proposed to be placed within the required arterial street landscape buffer.The proposed
pathway will be approximately 60-feet from the existing edge of right-of-way of Chinden Blvd.
due to fi ure widening projects.The Applicant is dedicating a separate,60-foot wide,non-
buildable lot along Chinden Blvd. for the future benefit of Idaho Transportation Department. This
section of multi-use pathway will allow further safe pedestrian connection along the SH 20126
corridor and will directly help connect this development with the adjacent Rock Harbor Church
site to the east and with development to the west and across N. Black Cat.
The multi-use pathway is also proposed to connect to anew 5-foot detached sidewalk along N.
Black Cat and to two internal connections from within the development. These sidewalk
connections offer further pedestrian connectivity between developments along the SH 20126
corridor.
The proposed sidewalks in this development are essentially micro-pathways. These pathways
connect throughout the entire development and traverse through every mew as well. They after
increased pedestrian connection and give future residents the opportunity to walk rather than
drive within the project site.
J. Sidewalks(UDC 11-3A-17):
Attached sidewalks are proposed along all internal private streets as part of the overall pedestrian
circulation, in accord with the standards listed in UDC I 1-3A-17. Part of the sidewalk plan places
one within a long vista that connects all the way from the clubhouse/tot-lot area in the west of the
site to the barbeque and picnic area in the east portion of the site.This area is proposed with
landscaping adequate to offer both shade and green space but does not appear to be so convoluted
with trees as to offer line of sight issues for public safety. Staff supports the sidewalk and
pedestrian circulation plan for this development. See Exhibit VI1.F.
K. Landscaping(UDC 11-3B):
A 35-foot wide street butler is required adjacent to W. Chinden Blvd., a state highway system
(SH 20/26), landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide common lot is
depicted on the plat to the interior of the 60-foot wide common lot for future 1TD purchase. There
is also a required 20-foot wide landscape buffer adjacent to N. Black Cat,a residential collector
roadway. This required landscape buffer should also be placed into common lot(s) per UDC
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Item#5.
standards in 11-313-7C.2. Staff is recommending a condition of approval to amend the plat to
show the entire buffer along N. Black Cat within a common lot. Per UDC I 1-3H-4D, and within
the required buffer along SH 20/26,the Applicant is also required to build a noise attenuation
wall or wall and berm combination at least i 0-feet in height,measured from the height of the
centerline of the highway. The Applicant is proposing a wall/berm combination that appears to
meet the height requirement. Staff notes that this wall is also required to modulate over the course
of its length. The submitted landscape plans do not appear to show this modulation so the
Applicant will be required to correct the plans prior to final plat submittal.
On the submitted landscape plans, there are no proposed trees or shrubs shown within the
required landscape buffer between the commercial lot and SH 20/26. This area of the landscape
buffer is also required to be landscaped and Staff is recommending a condition of approval to
include landscaping in this area beyond grasses. See Section VII.D for the submitted landscape
plans.
Landscaping is required along all pathways (including micro-pathways)in accord with the
standards listed in UDC 11-3B-12C The total lineal feet of pathways with the required and
proposed number of trees are NOT included in the Landscape Calculations table on the submitted
landscape plans,sheet LA.The addition of this data in the calculations table will be required
as a condition of approval.
Common open space is required to be landscaped in accord with the standards listed in. UDC H-
3G-3E.The total square footage of common open space and the required number of trees to
demonstrate compliance with UDC standards is NOT included in the Landscape Calculations
table. The addition of this data in the calculations table will be required as a condition of
approval.
The City,Arborist hers also made comments on the.subject application regarding its landscaping,
specifically on the type of tree species proposed. Frrxxinus "Ash"tree species attract a specific
and inversive pest and it is the request of the City Arborist that projects start trying to replace
these ttipes nf'trees iti°ith other tree species. Therefore, Staffis recommending a condition of
approval that the Applicant Mork with the Cie},Arborist on an appropriate alternative to their-
proposed "Ash"tree selection.
L. Qualified Open Space(UDC 11-3G):
A minimum of 100%qualified open space meeting the standards listed in UDC 11-3G-313 is
required. Based on the proposed plat of 21.59 acres, a minimum of 2.16 acres of qualified
common open space should be provided to satisfy this requirement. in addition, because this is a
multi-family development within a residential zoning district, the common open space standards
listed within the specific use standards, UDC 1 1-4-3-27, also apply, The Applicant's open space
calculations do not accurately depict the amount of required and proposed open space for
the multi-family specific use standards; Staff is recommending a condition to correct this
prior to City Council. According to Staffs calculations, a minimum of 55,000 square feet
(or 1.26 acres)of additional qualifying common open space should be provided. Combined,
the required amount of minimum qualifying open space that should be provided is 3.42
acres.
According to the open space exhibit(see Exhibit VII,C), the applicant is proposing a total of 3.78
acres of qualified open space. There are a number of small areas throughout the development that
are still green space but are not qualifying open space.Of the 3.78 acres proposed,2.36 acres is
proposed to meet the overall minimum 10%requirement(2.36 acres equates to 10.9%). This
qualified open space consists of a I0-foot multi-use pathway, common lots with open space areas,
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Item#5.
and required street buffers along adjacent roadways. This area exceeds the minimum UDC
requirements.
The remaining 1.42 acres of open space is proposed to meet the specific use standards for multi-
family development.These areas of open space consist of the mews between unit blocks
(including the long vista that connects the east side of the development with the west side of the
site),some end cap landscaped areas along streets, and smaller areas of open space that meet the
minimum 20' x 20' dimensions.The open space proposed to meet the specific use standards
exceeds the minimum UDC requirements.
As noted above, the common opera spaceprovided with this development exceeds the minimum
amounts required by code. In addition, the Applicant is proposing much more additional primate
open space than is required by code. Staff and the Applicant worked diligentiv together-to design
the open.space in such a way W integrate the commercial asses with the residential as required in
the MU-C policies and goals.
The Applicant responded to these conversations by providing a community-garden area that can
be shared by the commercial building and the nearby residents. Perhaps a future restaurant as
one ol'the commercial tenants could utilize this garden area for_ resh produce in their daily
operations. In addition. the Applicant proposed additional commercial space that shares a playa
space with the clubhouse and residents. There are a plethora of potential uses.for this including a
farrarer's market stele use or pop-up shops where tenants can utilize the sidewalk space far
fiurther interaction with customers. This plaza area is directly linked xvith the long vista in the
center o/'the development via micro pathwa}7s and stampedleolored concrete across the private
.street..s. Staff appreciates the additional delineation of pedestrian and vehicular travel iw vs but
wishes the Applicant ivould have proposed more stampedleolored concrete throughout the
development to add more character to the development and its pedestrian circulation. However,
Stgljt'supports the connection ol'open.space ftom one end of the site to the other and the fact that
the vista and open space areas are anchored br an amenity on the east end and amenities and
commercial space on the west end of the site. All in all, Staff finds that the proposed common and
private open space are sufficient.far a project of this size and proposed ecse.
M. Qualified Site Amenities(UDC 11-3G):
Based on the area of the proposed short plat(21.59 acres),a minimum of one(1)qualified site
amenity is required to he provided per the standards listed in UDC 11-3G-3C.
The applicant proposes one(1)qualified amenity to satisfy the requirements in this section of the
UDC, a 10-foot multi-use pathway along SH 2O126. All other site amenities(analyzed in an above
section) are meant to satisfy the specific use standard amenity requirements. The proposed multi-
use pathway meets the minimum UDC standards.
As noted above, the Applicant is proposing a s►nall dog park in the northwest corner of the
subject site(it is not a qualifying site arnenitv). Afulti family specie use standards do not allow
this area to count as open space if it up against a collector roadwav(Black Cat Road) unless
.separated from the street by a herm or harrier at least 4 feet in height with breaks in it to allow
far pedestrian:access.According to the submitted landscape plan. there appears to be no such
berm or barrier along this corner other than afince meant to delineate the actual dog park.
Therefore, the proposed dog-park area is not qualifj.ing opera space or a qualrl ing amenin,for
the multi fancily requirements. However, it is qualifying open space under the general minimum
10%requirement.
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Item#5.
N. Fencing(UDC 11-3A-6, 11-3A-
All fencing is required to comply with the standards listed in UDC 1 1-3A-T Fencing is proposed
a_s shown on the landscape plan and meets UDC standards as proposed.
❑. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual};
As discussed in the comprehensive plan policies analysis, Staff believes most of the submitted
elevations meet the required Architectural Standards.The applicant has submitted a concurrent
design review application and staff finds the submitted architecture of the residential portion of
the development complies with the ASM except for those elevations for the proposed townhome
style units. Commercial elevations were not submitted with this application but future buildings
should incorporate similar architectural features to ensure a cohesive design as envisioned by the
Comprehensive Plan and ASM. A separate DES will be required for the Commercial portion of
the development.
The submitted elevations far the proposed townhoine lrntne units shore only one field material,
stucco. The ASM requires at least two field materials for mtdti-family developrttent far facades as
long as those shown. Staff recommends the Applicant include more of the proposed lap siding
along both thefrom and tear./acades to meet the intent ofthe ASMgoals. In addition. the ASM
notes that no two multi-frtrrr.ily buildings should lank the same. To ensure compliance with at least
Me intent of this requirement, the Applicant.should create dijferentiation beM een some of'the 6-
plex, townhorne buildings through d&ring architectural designs and color palettes. Staff it
recommending conditions of'approval to correct this.
Iv7. DECISION
A. Staff:
Staff recommends approval of the requested conditional use:permit, short plat,rezone, and
development agreement modification applications per the Findings in Section IX of this staff
report. The Director approved the private street and administrative design review applications.
g. The Meridian Planning&Zoning Conunission heard these items on July 9,2020 and August 20,
2020. At the August 20, 2020 public hearing, the Commission moved to recommend approval of
the subject Rezone, Short Plat,Conditional Use Permit, and Development Agreement
Modification requests.
1. Summary of Commission public hearing:
a. In favor: Matthew Riggs,Owner;Elizabeth Schloss,Development Manager;Deborah_
Nelson, Owner Representative.
b. In opposition: Joe Warchol, neighbor;Nancy Eyerard neighbor, Richard Gilkey,
neighbor; Dave Jacobs, neighbor:
C. Commenting: Scott.Freeman, neighbor;Joe Warchol; Nancy Everard; Richard Gilkey;
Dave Jacobs. Lynn Southam•nei hg bor.
d. Written testimony;49 written testimonies outlining the same issues braught up_duri_ng
the hearing with the addition of a desire by a number of the neighbors for this land to be
developed similarly to Spurwing and not a mixed use development.
K. Staff presenting application: Joseph Dodson,Current Associate Planner
f Other Staff commenting on application: Andrea Pogue,Deputy City Attorney
?_ Kgy issue(s)of Public testimony:
a. Amount of parking available for future residents and for _commercial buildings;
specifically,wilt there be no parking signs placed along Tree Crest Drive and how will
the commercial parking be revised;
b. Added traffic of development and nature of apartment populations;
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Item#5.
G. Location of any public transportation and anypublic park:
d. Cost of high-end apartments and affordability of proposed apartment units;
e. Amount of commercial and a desire for more neighborhood commercial instead of
multi-family residential;
3_ Key issue(s) of discussion by Commission:
a. The amount of commercial acreage and why it is being reduced-this was the main
reason the project was continued to a new hearing date with a request that the Applicant
increase the commercial area. The Applicant did accommodate this request
Viability of incorporating vertically integrated development into the project to increase
b. the commercial and not lose any tunits;
Street type of Tree Crest Drive and whether parking is allowed-Tree Crest Drive is a
a, collector and there is no on-street parking allowed;
Design of the proposed commercial on the hard corner of Chinden and Black Cat-will
d. it be one or two stories;
Is the intent of the offices with-in the clubhouse_ intended to serve the development or go
e. beyond its borders;
Potential issues and resolutions of the required 25-foot buffer between the commercial
f zoning and the residential buildings.
4. Commission change(s)to Staff recommendation:
a. Update the staff report to include those provisions from the Staff memo following the
Applicant's changes to the commercial area of the site.
5. Outstanding issue) for City Council:
a. The Applicant will need to request a waiver from the City Council to reduce the land use
buffer between the GC zoning and the multi-family units proposed on the R-15 portion
of the project-specifically,that area between the Clubhouse and the smaller
commercial building and the residential to its east.
C. T&-Medd anC Council her thesQ-itemt _n c 4 2020.At the_pllic hearing.the
Council Moved to approve the subiee—ttRRez-o-neSlort Plat.Conditional Use Perm n
I eX lour Agr-urnwntMadifwg:6unxc imsts. ---
L Summary of the City CounciI - is hearinZ.
a, in_favar- eborah_Nelon-Ap�aiieant_T epai-R resent2�tixe}Kellt_Er9 n}APPl�cant_ltcn
b In opposition;.Iessica.Rieke,neighbor;.Karl-Reunion,neighbor.-.Ivseph Hammer,
neighbor;Denise La_Fever,nei &L-Ray Parkin On3-nciglib. r
t<. CQr__'mWing;_0-c-box hNdsm1es Keky-&ul.11ermi -Juawk.alma;-�isg
I.aFeYer;�enfBz�x+n;-13.ay P�rkinsQn.
Written testimony: One written comment since the Commission hearing-"DL"-
i_eit�ralira�th�iss�e��r�Rte�r�vi�tasly�ChQth�oxnm.is�ipn_l�cari.t�gs��g�tsling
density,traff �n� Qmtnercial_r�
e. Sta� � licav� Qd� A atPannerrOwj _
f Mer Staff corumcating.on-application:Notre
2. Key issuef f 12U lic testimon
L The pronos id density nd how it meshes with the existi u in Dey�dwtnent to the
RQ&
h, The reduction in theo_unt of commercial space is of major concern and should
remain as is currently zoned to help mitigate any density issue
C. Wlaat-is-the difference between lhe-oning.districts and-fuhue-land use designations,
s �cificali what is th to r imp�rtancc_to tl,e�o� satipn about densi allowed.
d: Amount of usable onei�srapiose an�i]10 it snit force resien_ts to use aoen
c ithin Snurwirie Subdiyik to the north.
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Item#5.
3, KPyiw-d§I-of-diaQ SL4xrjy CIty UUncL
a, Amount o c mrnerci;Lzenin mainingfrQnLcxisting-acres-of-C-C=ai-�11as-vveraU
square.footage of leaahlc comm_re vial spare=hew foes the��ti ctirzn in commgrcial
znn1ng a f f e e t-tIIg-m_era-1Wgy-ghou e-M
� L�r tio�s�f l�as�b�co�mercia] s a���rith�ii �C�ne_��dx��►e#her area�i�hzn
Clubhouse is available to the public or just future resident
[ i�11- -gf l p�c>2i but specifically,Whym-mud-of the.aanc>13ities and-Over
space are congrevatcd in the western third of the site-Applicant has stated that this
intentional so as to allow residents the option of living near to or Further away from the
ose propal amenities;
Pro used architect _11 desip o-f txrictwres=e_ar=to not offer much yari�ty
pifl=c-cin s haaJ�nx4llmelat-numibex�pres me � A plic nt�r xs�as se
provided to thQ C.',ity—the Applicant obtained more uQ2 to date numbers by re thing ou
Lq_West Ada dir the
f. What��e��Ra�e�ti�less.than a tWQ�st�xy cQmmc�ci�L�i�Lcta�gr�sl��b�rsi
Ci I�1e-t t hm lwQ-^�t_�r CQilr.00Ser-en ark in an
A-mrelmsabLepa -
City CwrwiI cbangr(sIto Coi-oy iminn-r-w-m r ondation=
a. Strike condition VIII A-.I.f as requested by the Applicant.
Approve the Applicant's request for a waiver of the requited 25-foot land use buffer
bptweer►tlte_C—C zQr�i.og4ss gt and th 13�-5-maing-dis rict Stgff to detcrmineinal
-tan on remise rav_i5i�nlconditionr
c- Council approved change in language rem ra Wing building�ermit application timeline to
remove require mut that plat must be:-n LW-app��fRr_hu n�_M�i .
Page 14 —
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Item#5.
VII. EXHIBITS
A. Revised Rezone Legal Descriptions and Exhibit Maps
EXHIBIT,
DESCRIPTION FOR
MODERN CRAFTSMAN SUBDIVISION
R-15 ZONING DISTRICT
A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of}Mats at
Pages 7263 through 7264,records of Ada County, Idaho and a portion of the SW 114 of the SW
114 of Section 22,TAN.,R.1 W..B.M.,City of Meridian.Ada County, Idaho more particularly
described as follows:
Commencing at the SW corner of said Section 22 from which the S114 comer of said
Section 22 bears South 89°1T18"East,2647.24 feet;
thence along the South boundary line of said Section 22 South 89°1T18"East,287.86
feet to the REAL POINT OF BEGINNING;
leaving said South boundary line North 00°40'53"East,359.40 feet;
thence North 19'1220"East, 30.18 feet;
thence North 00°40'46"East, 227,75 feet.
thence North 83°45'26"West,300.45 feet to a point on the West boundary line of said
Section 22;
thence along said West boundary line North 00°30'42"East,253,71 feet;
thence leaving said West boundary line and along the southerly boundary line of Tree
Farm Subdivision No. 2 as filed in Book 114 of Plats at Pages 16914 through 16921,records of
Ada County,Idaho and the northwesterly extension thereof South 78°03'14"East, 104.00 feet to
an angle point an the southerly boundary line of Lot 2.Block 7 of said Tree Farm Subdivision
No.2;
thence along said southernly boundary line of said Tree Farm Subdivision No. 2 the
following 5 course and distances:
thence 61.63 feet along the arc of a non-tangent curve to the left, said curve having a
radius of 1.552.00 feet,a central angle of 02'16'31"and a long chord which bears North
10*48'30"East,61.63 feet;
thence North 55°40'41"East, 10.27 feet;
thence 151.39 feet along the arc of a non-tangent curve to the right,said curve having a
radius of 700.00 feet,a central angle of 12°23'31"and a long chord which bears South
71°18'06"East,15 1.10 feet;
thence South 65'06'21"East,221.65 feet;
Page I of 2
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Item#5.
thence 56.81 feet along the are of a non-tangent curve to the left,said curve having a
radius of 850.00 feet,a central angle of 03°49'45"and a long chord which bears South
67'01'18"East, 56.80 feet to a corner common to Lot 2, Block 7 of said Tree Farm Subdivision
No.2,and Lot 1, Block 7 of Tree Farm Subdivision No_ 1 as filed in Book 113 of Plats at Pages
16498 through 16505, records of Ada County, Idaho-,
thence along the South boundary line of said Lot 1, Block 7 the following 4 courses and
distances:
thence 135,28 feet along the arc of curve to the left, said curve having a radius of 850.00
feet, a central angle of 09'07'08"and a long chord which bears South 73029'44"East, 135.14
feet;
thence South 78°03'14"East,263.21 feet;
thence 183.86 feet along the arc of curve to the left, said curve having a radius of 841.73
feet,a central angle of 12*30'53"and a long chord which bears South B4°18'41"East, 183.49
feet;
thence 237.50 feet along the arc of a non-tangent curve to the left, said curve having a
radius of 841.73 feet,a central angle of 16009'58"and a long chord which bears North 81°20'52"
East,236.71 feet to the SE corner of said Lot 1, Block 7, point also being a point on the West
boundary line of said Rockbury Subdivision;
thence South 00°30'49"West,720.31 feet along said West boundary line and the
southerly extension thereof to a point on the South boundary line of said Section 22;
thence along said South boundary line North 89°17'18"West. 1,036.05 feet to the REAL
POINT OF BEGINNING. Containing 19.39 acres, more or less.
77'29OF
�
Page 2 of 2
Page 21
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Item#5.
M f-
CV N
25 100 400
0 50 200 600
�I
SCALE: 1" — 200' ROCKBURY 0!
SUBDIVISION
SO'30'49"W 720,31'
tiNL �A' — —
7 729
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in J� m
co
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565'06'21-E d v
221,65
F 4� MO'40'L6"E _ f m
227.75' N0'40'53"E 359.40 w
NI +o N19'12'20"E ;' z
30.18'
m r'Iprp
S78Y}3'14"E !`i !Tv
Li 104.00' tin
C3 N 30'2'E +z r�.l N
NO'30'42"E 644.73'
253.71'
N. BLACK CAT RD. 17,10
I�AH❑ EXH1517 DRAWING FOR JoeRD-
S9-144
SURVEY6955'h EM11EPn G9 MODERN CRAFTSMAN SUBDIVISION SHEET NO.
'Msj"�"G°°"w R-15 ZONING DISTRICT 1of2
[206]F,LQA
GROUP, L LC LOCATED IN THE SW h OF THE SW%OF SECTION 22.T W.R.I W-. Dve.DATE
e-u CITY OF mERIOlw.ADA COLINTY. DAHO e/3/2020
Page 22
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Item#5.
EXHIBJT
DESCRIPTION FOR
MODERN CRAFTSMAN SUBDIVISION
C-C (COMMERCIAL) ZONING DISTRICT
A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of Plats at
Pages 7263 through 7264, records of Ada County, Idaho and a portion of the SW 114 of the SW
114 of Section 22,TAN.,R.1 W., B.M.,City of Meridian,Ada County, Idaho more particularly
described as follows:
BEGINNING at the SW corner of said Section 22 from which the S114 corner of said
Section 22 hears South 89°17'18"East,2647.24 feet;
thence along the West boundary line of said Section 22 North 00°30'42"East, 644.73
feet;
thence leaving said West boundary line South 83°45'26"East,300.46 feet;
thence South 00040'46"West,227.75 feet;
thence South 19'12'20"West,30.18 feet;
thence South 00°40'53"West, 359.40 feet to a point on the South boundary line of said
Section 22;
thence along said South boundary line North 89'1718"West,287,56 feet to the POINT
OF BEGINNING. Containing 4.23 acres,more or less.
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B. RcyiScd Short Plat(dated:metre September 2020)
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C. Open Space Exhibit(date: "''�20 9/29/2020)
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D. R-viod Landscape Plans(date: 6"4.�,�20 WjL2M)
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F. Revised Pedestrian Circulation Plan
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G. Conceptual Building Elevations
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Page 45
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Item#5.
V11I. CITYIAGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1 . The subject property shall no longer be subject to the terms of the existing Development
Agreements(DA)(Inst.#Is: 1061512I8, 107025555; 107141993; 110059432; and 2014-
065517) upon the property owner(s)entering into a new agreement. The new DA shall be
signed by the property owner(s)and returned to the Planning Division within six(6) months
of the City Council granting subject modification. The new ❑A shall incorporate the
following provisions:
a. Future development of this site shall be generally consistent with the submitted
plat,site plan, landscape plan, open space exhibit, and conceptual building
elevations for included in Section VII and the provisions contained herein.
b. The I 0-foot multi-use pathway along Chinden Boulevard shall be constructed
with Phase 1 of the development-and should be placed at least four 4 feet
frain the edge of the common lot abutting the common lot reserved for 1TD,
c. Direct lot access to W. Chinden Boulevard(SH 20126)shall be prohibited.
d. The existing accesses onto Chinden Boulevard and N. Black Cat Road shall be
closed upon development of the subject site.
e. Additional right-of-way shall be reserved for dedication to Idaho
Transportation District for the future widening of Chinden Boulevard.as
shown on the plat as Lot 1, Block 1.
FF, Theonly appr--, yed access Lto N. Black Cat_Road is the H Riche est access
sitiin n the pFrepose d CUP as W. Wave,-ton Lane, unless City Council
appFON-eerthe seeeHd aeeees in cEerd with UPC 1-1 3 A 3.
g, The required landscape street buffers shall be constructed and vegetated along
the entire perimeter(along N. Black Cat and Chinden Boulevard)with the first
phase of development.
h. The Applicant small vegetate the common lot(Lot 1, Block 1),reserved for
future dedication to Idaho Transportation Department(1TD).with Vass and not
gravel until such time that this lot is dedicated to ITD.
i. The proposed commercial building located near the intersection of N. Haack
Cat Road and W. Chinden Boulevard(SH 24126) shall be constructed as a two-
story structure as depicted in the submitted concept renderings(see exhibit
Y-JI,I)a-nd as noted on the revised CUP Site PIan.
j. The Vertically Integrated Residential Project area of the site shall adhere to the
specific use standards as outlined in UDC 1]-4-3-41.
k. Tbesequiredland-usc—buffcLbctw-een the-C:!C-wning-di5triQ1 and the_ItI5
zaniU&! is�t-1s hereby waived a.a�royed by CiCouncil a minim►�rn
i nc between buil in and ro acss zoning districts is ten(IQ)feet per the
-
2. The short plat included in Section VII.B,dated.tune 2020, shall be revised as follows prior to
the City Council hearing;
a. Revi so the plat to i fie!tide the ent ire feqtii red landseape btt�r-along N+ Blaek Ca4 Read in
aeammen lai(s)pa,.1�1 3 B 7C.2.
- Page 46
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Item#5.
wi-t h it UDC 1-1 !3 F.3B.3.
c. Stamped and signed by the licensed land surveyor.
3. The landscape plan included in Section VII.D,dated 06/18/2020, shall be revised as follows
prior to submittal of the:Certificate of Zoning Compliance application_
a.
1 inear feet of pathways and the required number of Lrees per U DC 11 3 B 12); the total
b.
attenuation well !aiig W. Chin den B 1 vd. ;ii aeeerdwith UDG1.1 H 4D
C. ,
d. Revise the landscape plans to add a 5 foot wide landscape buffer along the north
path of traffie en the private StFeel+T-he bufl�r-shall be landseaped ifl aeeer4 with UDG
C.
c. Revise the landscape plans to show trash receptacles and bags for waste disposal
throughout the proposed dog park area,
f e to tl,e site lan and 1,
g. Sb_ow—the e_Qnm-n 1Q�diQ tamed for ate ITD ri t—f-w lick 111tQhe
jandKVgd_wi<th_ r _ansl r�stt- y -1.
4. The residential elevations included in Section VII.G,
: are approved as_submitted.
a.
the least di fferefit eola-palet es and field mat.Fial combinations.
e!ubh9HsL-
5. The Open Space fixhibit calculations table shall he eoffeeted to reflect the correct amount o
0. Future development shall be consistent with the:minimum diiaensional standards listed in
UDC Table 11-2A-5, UDC Table 1 i-2B-3,and those listed in the specific use standards for
multi-family development,UDC 114-3-27.
7. Off-street parking is required to be provided in accord with the standards listed in UDC Table
1-3C-5 for multi-family dwellings based on the number of bedrooms per unit.
9. With the CZC submittal,the Applicant shall correct the applicable plans to show additional
colored or stamped concrete(or similar) of the main pedestrian sidewalk that traverses
through the center of development to further delineate the pedestrian pathways-
- Page 47 -
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Item#5.
9, The Applicant shall work with the City Arborist on an appropriate alternative to their
proposed"Ash"tree selection and obtain approval from the City Arborist prior to Final Plat
approval.
10. The Applicant shall comply with all ACHD conditions of approval.
1 l: The Applicant shall obtain Administrative Design Review approval for the future commercial
buildings with the submittal of the Certificate of Zoning Compliance for the entire site.The
architecture of the commercial buildings shall complement that of the residential portion of
the project.
12. The Applicant shall obtain Certificate of Zoning Compliance approval for the entire subject
site prior to applying for any building permit.
13, Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
]2,
14. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1 I-
3A-15, UDC 1 1-3B-6 and MCC 9-1-28.
15. Upon completion of the landscape installation,a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
17. The applicant and/or assigns shall comply with the private street standards as set forth in
UDC 1 I-3F-3 and 1]-3F-4,
18. The conditional use approval shall become null and void unless otherwise approved by the
City if the applicant fails to 1] commence the use, satisfy the requirements,acquire building
permits and commence construction within two years as set forth in LTDC 11-5B-6F.1; or 2)
obtain approval of a time extension as set forth in UDC 1 1-5B-6F.4,
19. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a
public access easement for the inulti-use pathway(s)along Chinden Boulevard to the
Planning Division for approval by City Council and subsequent recordation.
20. Business hours of operation within the C-C zoning district shall be limited from 6 am to I f
pm as set forth in UDC I 1-2B-3A.4.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
L l Design and number of units clustered together is of particular concern—staff is unclear-as to
how all units will be serviced. A utility layout depicting how all of the units will be serviced
while still meeting design requirements shall be required.
1.2 Sanitary sewer mainlines are not allowed within common drives,only sewer services
(reminder that a maximum of three services are allowed into a manhole,with a minimum 30-
degrees of angle separation).
1.3 A street light plan will need to be included in the final plat application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards. A future installation
agreement is required for the streetlights on Chinden Blvd. Contact the Meridian
Transportation and Utility Coordinator for additional information.
1.4 Water service to this site is being proposed via extension of water mains under the
jurisdiction of SUEZ North America.
Page 48
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Item#5.
1.5 Though the City of Meridian will not own or maintain the water system in this development,
final fire hydrant location shall be coordinated with and receive approval from the Meridian
Public Works Department and Meridian Fire Department prior to construction plan approval.
1.6 Structures of 3600 square feet and larger including the garage, shall comply with the fire
flow,and hydrant requirements of appendix b and c of the 2015 International Fire Code.
1.7 Prior to construction plan approval,the applicant shall submit documentation from SUEZ
North America indicating that they have approved the water plans.
1.8 Prior to scheduling of a pre-construction meeting,the applicant shall submit documentation
from SUEZ North America that all of their requirements have been met to be able to go to
construction.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three
feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 5-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside Of public
right of way(include all water services and hydrants). The easement widths shall be 20-feet
wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via
the plat, but rather dedicated outside the plat process using the City of Meridian's standard
forms. The easement shall be graphically depicted on the plat for reference purposes. Submit
an executed easement(on the form available from Public Works),a legal description
prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of
the easement(marked EXHIBIT A)and an 8I12"x 11"map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. ❑❑NOT RECORD. Add a note to the plat referencing this
document. All easements must be submitted,reviewed,and approved prior to development
plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water(MCC 12-13-8.3). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available,a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized,the developer will be responsible for the payment of
assessments for the common areas prior to prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signatttre on the final
plat by the City Engineer. Any structures that are allowed to remain shall be subject to
evaluation and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals, laterals, or drains,exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed
per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code
42-1207 and any other applicable law or regulation.
Page 44 - -
Page 190
Item#5.
2.7 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at{208}898-5500 for inspections of disconnection of services. Wells may be
used for non-domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources Contact Robert B.Whitney at(208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-14 and 9 4 8. Contact Central District Health for abandonment
procedures and inspections(208)375-5211.
2.9 -shall
this subdi Yisian shall be reeei-ded,prior-to applying feF bui ldi fig penzRits.
2-10 priQrto 4ppl.ying-for.building permits,the followingroinimum items shall be
completed_ street sins are to be in place, the installation of sanitary sever and wa_t—r
;zYS� - x&ft_wales-sY- t�_bgtngfu&.�Ery i.-a_v_.QLnPwAgdrQaA b=gam_h1P_uf
supporting an 80,040 lb. fire truck shall be approved by cLe.i engineer, with written
confirmation of such approval submitted to the Meridian Building Department.
2.1 1 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing,landscaping,amenities,etc.,prior to signature on the final plat.
2.12 A]I improvements related to pubic life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the City Engineer,an owner may post a
performance surety for such improvements in order to obtain City Engineer signature on the
final plat as set forth in UDC 11-5C-3 B.
2.13 Applicant shall be required to pay Public Works development plan review,and construction
inspection fees,as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.14 It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
2.15 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers,
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
117 All grading of the site shall be performed in conformance with MCC l 1-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill,where footing would sit atop fill material.
2.19 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least l-foot above.
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the j urisdiction of an irrigation
district or ACHD.The design engineer shall provide certification that the facilities have
been installed in accordance with the approved design plans. This certification will be
required before a certificate of occupancy is issued for any structures within the project.
2-21 At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards, These record drawings must be
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Item#5.
received and approved prior to the issuance of a certification of occupancy for any structures
within the project.
2.22 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the improvement Standards for Street Lighting. A
copy of the standards can be found at
http://www.meridiancity.org/public works.aspx?i d=272.
2,23 The City of Meridian requires that the owner post to the City a performance surety in the
amount of 125%of the total construction cost for all incomplete sewer,water and reuse
infrastructure prior to final plat signature. This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond. Applicant must file an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20%of the total construction cost for all completed sewer,water and reuse
infrastructure for duration of two years.This surety will be verified by a line item cost
estimate provided by the owner to the City. The surety can be posted in the form of an
irrevocable letter of credit,cash deposit or bond.Applicant must fife an application for
surety,which can be found on the Community Development Department website. Please
contact Land Development Service for more information at 887-2211.
C. FIRE DEPARTMENT
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D. POLICE DEPARTMENT
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E. PARK'S DEPARTMENT
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F. COMMUNITY PLANNING A$SoC1ATION OF SOUTHWEST 1DAHO(COMPASS)
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G. BOISE PROJECT BOARD OF CONTROL
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Item#5.
H. NAMPA&MERIDIAN IRRIGATION DISTRICT
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1. CENTRAL DISTRICT HEALTIi DEPARTMENT
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J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
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K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
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IX FINDINGS
A. Annexation and/or Rezone(UDC 11-53-3E)
Required Findings: Upon recommendation from the commission,the council shall make a
full investigation and shall, at the public hearing, review the application. In order to grant
an annexation andlor rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
Council,finds the proposed zoning neap amendment to adjust the areas of the existing R-15
and C-C zoning districts and subsequent development is consistent with the Comprehensive
Plan, if all conditions ofapproval are complied iviih.
Z. The map amendment complies with the regulations outlined for the proposed districts,
specifically the purpose statement;
Council finds the proposed zoning map amendment and request,for the development of multi-
family residential will contribute to the range of housing oppoilunities available within the
City. Council,finds the proposed addition oj'cotnmercial within the development is generally
consistent with the purpose statement of the commercial district and.future land use
designation of Mixed Use Community.
3. The map amendment shall not be materially detrimental to the public health,safety,
and welfare;
Council finds the proposed zoning map amendment should not be detrimental to the public
health.safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the city including, but not
limited to,school districts; and
Council.finds the proposed zoning snap amendment will not result in an adverse impact on
the delivery,of'.services by anY political.subdivision providing public services within the Cite,
5. The annexation(as applicable)is in the best interest of city.
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Item#5.
The subjectpraperty is already annexed,- therefore Council finds that thi,s•.jinding is mtt
applicable.
B. Short Plat Findings:
In consideration of a preliminary plat,combined preliminary and final plat,or short plat,
the decision-making body shall make the following findings:
1. The plat is in conformance with the Comprehensive Plan;
Council .fads that the proposed plat, with Stajj's recornrnendations, is in substantial
compliance with the adopted Comprehensive Plan in regard to land use, densim
transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in,
Section V of this report,for more infarrnation_)
Z. Public services are available or can be made available and are adequate to accommodate
the proposed development;
Council finds that public services will be provided to the subject property with development.
(See Section 1r111 a/'the Staff'Report.liar more details,from public service providers.)
3. The plat is in conformance with scheduled public improvements in accord with the City's
capital improvement program;
Because City water and sewer and any other utilities will be provided bj,the developtew at
their own cost, Council,finds that the subdivision will not require the expenditure oj'capital
inrproveinent.f cnds.
4. There is public financial capability of supporting services for the proposed development;
Council_finds there is public financial capability oj-supporting services for the proposed
development based upon comments from the public service providers(i.e.. Police, Fire,ACHD,
etc,). (See Section V11.for more information.)
5. The development will not be detrimental to the public health,safety or general welfare;
and,
Council is not aware of any health, .sgfet}; or environtnental problems associated with the
platting of this propertti� ACHD considers road safety issues in their analysis hilt has not
provided comments at this time.
G. The development preserves significant natural, scenic or historic features.
Council is unatit are of atty significant natural, scenic or historic features that exist on this site
that require preserving.
C. Conditional Use Permit Findings:
The commission shall base its determination on the conditional use permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Council finds that the submitted conditional use plat appears to meet all dimensional and
development regulations in the R-15 zoning district in which it resides.
- Page 53 -
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Item#5.
2. That the proposed use will be harmonious with the Meridian com1)rchcnsiNv plan and in
accord with the requirements of this title.
Council finds the proposed use ofnrarlti-farm!),residential and commercial are harmonious
with the comprehensive plain designation of Mixed-Use Com►rnwin�and the requirements e?f
this title.
3. That the design,construction,operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
Despite the proposed use being d&rent than the residential uses closest to the subject site.
Council finds the design, construction, and proposed operation and maintenance will be
compatible with other uses in the general neighborhood and should not adversely change the
essential character of'the same area,
4. That the proposed use,if it complies with all conditions of the approval imposed. will not
adversely affect other property in the vicinity.
Council finds the proposed use, if it complies with all conditions of approval imposed, will
not adversely affect other property:in the vicinity,
5. That the proposed use will be served adequately by essential public facilities and
services such as highways,streets, schools,parks, police and fire protection,drainage
structures, refuse disposal,water,and sewer.
Council funds the proposed use will he seared adequate!};by essential public facilities and
services as all.services are readily available and nearby streets are currently being widened
to accommodate additional traffic flown.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
All public facilities and services are readily available far the subject site so Council finds that
the proposed use will not be detrimental to the economic we fare of-the cornmunih,or create
e.cessive additional costs,for public facilities and services.
7. That the proposed use will not involve activities or processes,materials,equipment and
conditions of operation that will be detrimental to any persons,property or the general
welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors.
Although traffic will likely increase in the vicinity with the proposed use, all major roadways
adjacent to the site are planned for improvements in the meat-future. There%ore. Councilf finds
the proposed use will not be detrimental to any persons,propert}r, or the general K?elfare..
H. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.(Ord.05-1170, 8-34-
2005,eff. 9-15-2005)
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Item#5.
Council is not aware of any.such Jearures; the proposed use should not result in damage of
anY such.features.
D. Private Street Findings:
In order to approve the application, the director shall find the following:
1. The design of the private street meets the requirements of this article;
The Direetor_/inds that the proposed private street design meets the requirements.
2. Granting approval of the private street would not cause damage,hazard,or nuisance,or
other detriment to persons,property,or uses in the vicinity; and
The Director finds that the proposed private streets would not cause damage, hazard, or
nuisance, or other detriment to persons,property, or uses in the vicinity,ifall conditions of
approval are met.
3. The use and location of the private street shall not conflict with the comprehensive plan
and/or the regional transportation plan.(Ord.05-1170,8-30-2005,eff.9-15-2005)
The Director finds the use and location of the private streets do not col;fliet with the
comprehensive plan or the regional transportation plan because the proposed design meets
all requirements.
4. The proposed residential development(if applicable) is a mew or gated development.
(Ord. 10-1463, 11-3-2010,eff. 11-8-2010)
NA
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Item#5.
Exhibit A
Rezone Legal Descriptions and Exhibit Maps
EXHIBIT
DESCRIPTION FOR
MODERN CRAFTSMAN SUBDIVISION
R-15 ZONING DISTRICT
A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of Plats at
Pages 7263 through 7264, records of Ada County, Idaho and a portion of the SW 114 of the SW
114 of Section 22,TAN., R.1 W., B.M., City of Meridian,Ada County, Idaho more particularly
described as follows:
Commencing at the SW corner of said Section 22 from which the S114 corner of said
Section 22 bears South 89°1T18"East,2647.24 feet;
thence along the South boundary line of said Section 22 South 89°1T18"East,287.86
feet to the REAL POINT OF BEGINNING;
leaving said South boundary line North 00°40'53"East, 359.40 feet;
thence North 19'12'20"East,30.18 feet;
thence North 00°40'46"East,227.75 feet;
thence North 83'45'26"West, 300.46 feet to a point on the West boundary line of said
Section 22;
thence along said West boundary line North 00°30'42"East,253.71 feet;
thence leaving said West boundary line and along the southerly boundary line of Tree
Farm Subdivision No. 2 as filed in Book 114 of Plats at Pages 16914 through 16921, records of
Ada County, Idaho and the northwesterly extension thereof South 78°03'14"East, 104.00 feet to
an angle point on the southerly boundary line of Lot 2, Block 7 of said Tree Farm Subdivision
No. 2;
thence along said southernly boundary line of said Tree Farm Subdivision No. 2 the
following 5 course and distances:
thence 61.63 feet along the arc of a non-tangent curve to the left, said curve having a
radius of 1,552.00 feet, a central angle of 02°16'31"and a long chord which bears North
10*48'30"East,61.63 feet;
thence North 55°40'41"East, 10.27 feet;
thence 151,39 feet along the arc of a non-tangent curve to the right, said curve having a
radius of 700.00 feet, a central angle of 12°23'31"and a long chord which bears South
71'18'06"East, 151.10 feet:
thence South 65°06'21"East,221.65 feet;
Page 1 of 2
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Item#5.
thence 56.81 feet along the arc of a non-tangent curve to the left, said curve having a
radius of 850.00 feet, a central angle of 03°49'45"and a long chord which bears South
67'01'18"East, 56.80 feet to a corner common to Lot 2, Block 7 of said Tree Farm Subdivision
No. 2,and Lot 1, Block 7 of Tree Farm Subdivision No. 1 as filed in Book 113 of Plats at Pages
16498 through 16505, records of Ada County, Idaho;
thence along the South boundary line of said Lot 1, Block 7 the following 4 courses and
distances:
thence 135.28 feet along the arc of curve to the left, said curve having a radius of 850.00
feet,a central angle of 09*07'08"and a long chord which bears South 73°29'44"East, 135.14
feet;
thence South 78°03'14"East,263.21 feet;
thence 183.86 feet along the arc of curve to the left,said curve having a radius of 841.73
feet, a central angle of 12°30'53"and a long chord which bears South 84'18'41"East, 183.49
feet;
thence 237.50 feet along the arc of a non-tangent curve to the left,said curve having a
radius of 841.73 feet, a central angle of 16°09'58"and a long chord which bears North 81'20'52"
East,236.71 feet to the SE corner of said Lot 1, Block 7, point also being a point on the West
boundary line of said Rockbury Subdivision;
thence South 00°30'49"West, 720.31 feet along said West boundary line and the
southerly extension thereof to a point on the South boundary line of said Section 22;
thence along said South boundary line North 89°1T18"West, 1,036.05 feet to the REAL
POINT OF BEGINNING. Containing 19.39 acres, more or less.
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Modern Craftsman H-2020-0022 page 3
Page 199
Item#5.
EXHIBIT
DESCRIPTION FOR
MODERN CRAFTSMAN SUBDIVISION
C-C (COMMERCIAL)ZONING DISTRICT
A portion of Lots 1 and 2, Block 1 of Puma Subdivision as filed in Book 71 of Plats at
Pages 7263 through 7264, records of Ada County, Idaho and a portion of the SW 114 of the SW
114 of Section 22,TAN., R.1 W., B.M., City of Meridian,Ada County, Idaho more particularly
described as follows:
BEGINNING at the SW corner of said Section 22 from which the S1I4 corner of said
Section 22 bears South 89°1T18"East, 2647.24 feet;
thence along the West boundary line of said Section 22 North 00°30'42"East, 644.73
feet;
thence leaving said West boundary line South 83°45'26"East, 300.46 feet;
thence South 00°40'46"West, 227.75 feet;
thence South 19'12'20"West, 30.18 feet;
thence South 00°40'53"West, 359.40 feet to a point on the South boundary line of said
Section 22;
thence along said South boundary line North 89°17'18"West, 287.56 feet to the POINT
OF BEGINNING. Containing 4.23 acres, more or less.
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IDANO EXHIBIT __ DRAWING FOR ,s„O
SURVEY g9�w EME��S,. MODERN CRAFTSMAN SUBDIVISION SHEET NO.
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GROUP, LLC LOCATED IN THE SW JS DF THE SW Lf SECT IXi 22,T.4N.,R.1w., DWG.DATE
B.N.,CITY OF MERIDIAN,A➢A COUNTY,IDAHO 813SM20
Modern Craftsman H-2020-0022 page 5
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